On Wed, Nov 17, 2010 at 2:30 PM, 80n <80n...@gmail.com> wrote: > > On Wed, Nov 17, 2010 at 6:32 PM, Anthony <o...@inbox.org> wrote: >> >> On Wed, Nov 17, 2010 at 1:19 PM, 80n <80n...@gmail.com> wrote: >> > Anyone care to point to the language in ODbL that would stop someone >> > tracing >> > from a Produced Work? I really havn't been able to find it. >> >> If tracing (a map) is considered copying (and that's a question of law >> which is not exactly clear), then the question is not what in the ODbL >> stops you from tracing, the question is what in the ODbL allows you to >> trace. >> > ODbL specifically and explicitly gives you the right to create a Produced > Work with which you can do whatever you like.
Let's assume, for these purposes, that the person doing the tracing is not the same as the person who created the Produced Work. Is that fair? What gives the person doing the tracing the right to trace? Is the Database copyrighted? By tracing, are they copying a copyrightable portion of the Database? By tracing, are they extracting a substantial portion of the Database? If so, what gives them permission to do that? > The only restrictions are those specified in 4.3 as quoted above. The person creating the Produced Work is specifically prohibited from sublicensing the Database. So any license granted by the producer of the Produced Work is not a license on the underlying Database itself. > If there were other restrictions you wouldn't be able to create a Produced > Work that was publishable under PD, CC0, WTFPL, CC-BY-SA etc. You have permission to license the produced work, not the underlying database. See 4.8. Can you publish a Produced Work under CC-BY-SA? Personally, I don't think you meaningfully can. The only semi-reasonable argument I've heard that you can, came from an ODbL lawyer who basically said, yes, you can publish a Produced Work under CC-BY-SA, because CC-BY-SA doesn't apply to databases anyway. I think Ed Avis is right on that one, though. "It's allowed to make proprietary, all-rights-reserved map renderings, but if you want to produce a truly CC-licensed or public domain one you can't. (This refers to the no-tracing restrictions; an attribution requirement is more reasonable.)" _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk